Choose and answer and explain why that is the correct choice.

1. Todd, a resident of Kentucky, buys hamburger meat from the Hungry Dog grocer, located and incorporated in Indiana. Immediately after eating the hamburger meat, Todd comes down with food poisoning. He spends a week in the hospital and has to have a two-foot section of his intestines removed. He sues Hungry Dog for $40,000 alleging that the hamburger eat purchased at Hungry dog caused the food poisoning. Hungry Dog does business only in Indiana and places advertisements only in a local Indiana paper. Which courts would have subject matter jurisdiction over Todds lawsuit?

a. Kentucky state trial court.

b. Federal district court.

c. Indiana state trial court.

d. all of the above.

e. only (a) and (c).

2. Which courts would have personal jurisdiction over Hungry Dog?

a. Kentucky state trial court.

b. Indiana state trial court.

c. both (a) and (b).

d. none of the above.

3. Todd learns the names of two other people who purchased hamburger meat from Hungry Dog on the Dane day as Todd took ill. If Todd wants to question these people, the best discovery tool to use is:

a. a deposition.

b. an interrogatory.

c. an admission.

d. a peremptory challenge.

4. During voir dire, Hungry Dogs attorney notices one of the potential jurors is wearing orange shows with pink dots. The Hungry Dogs attorney does not trust anyone wearing orange shoes with pink dots and does not want such a person on the jury. In order to get this person out of the jury pool, Hungry Dogs attorney most likely have to:

a. challenge the juror for cause.

b. use a peremptory challenge.

c. file a motion to depose the juror.

d. call the fashion police.

5. Use the following fact pattern to answer this question and questions 6 9. To prevent people from choking to death the New York state legislature enacted a law, NY 525 which states All eating establishments are required to display an illustrated poster of the Heimlich maneuver. Failure to comply with this law may result in a fine of $500 and the loss of the establishments operating license. In addition, any individual who is injured as a result of the establishments failure to display said poster may file a negligence lawsuit against the establishment..

One day Jason, a resident of New Jersey, and his friends, Dan and Felicia, are eating at the Sticky Chicken Restaurant, an eating establishment located, incorporated, and doing business only in New York. Jason and Dan decide to have a French fry eating contest. In an effort to win, Jason crams 35 French fries in his mouth and starts chewing. All of a sudden Jason starts choking on the French fries. Dan yells, Hey, my friend is choking does anyone know how to perform the Heimlich maneuver? No one in the restaurant responds. The restaurant manager runs up to Dan and says, Darn we used to have a Heimlich poster on the wall but I took it down because it didnt match the dcor. Guess I should have followed NY 525 instead of ignoring the law!.

Meanwhile, Jason is turning blue. Dan finally holds Jason upside down by his ankles and shakes him up and down. Unfortunately, Dan is not as tall as Jason so each time Dan shakes him, Jasons head bangs on the floor. The force of the head-banging dislodges the French fries from Jasons throat and Jason starts breathing again. Jason is immediately taken to the hospital and treated for multiple head fractures. Jason remains in the hospital for a week and his medical expenses amount to $120,000. When Jason gets out of the hospital, he decides to file a negligence lawsuit against the Sticky Chicken Restaurant under NY 525 (a state law claim). Assume Jason does file the lawsuit but waited to long to file, i.e., the statute of limitations on personal injury claims has run. When Sticky Chicken replies to Jasons initial pleading, it should:

a. file a complaint.

b. file a motion for a directed verdict.

c. file an answer with an affirmative defense.

d. file an answer with a counterclaim.

6. Assume it turns out that the statute of limitation has not run (there is a special, longer statute of limitations for this type of injury) and Jasons case is allowed to go forward. After the pleadings are completed and Jason and his attorney have reviewed Sticky Chickens response, they believe the defendant has no good defenses to his claim and that Jason must win as a matter of law. The best thing for Jason to do at this point is:

a. file a motion for judgment on the pleadings.

b. file a motion for new trial.

c. file a motion for judgment notwithstanding the verdict.

d. file a peremptory challenge.

7. Assume Sticky Chicken wants a judge to hear the case but Jason wants a jury. What result?

a. judge.

b. jury.

c. depends on who asked first.

8. After Jasons attorney presents his case at trial, the most typical response for Sticky Chickens attorney before going forward with Sticky Chickens defense, would be to:

a. file a motion for a new trial.

b. file a motion to challenge the judge for cause.

c. start writing a great big check

d. move for a directed verdict.

e. move for a judgment notwithstanding the verdict.

9. Assume Sticky Chickens attorney wants Felicia to testify as to what she observed Dan doing during the incident. In this case:

a. Felicia will probably not be allowed to testify because the testimony would be hearsay.

b. Felicia will probably be allowed to testify because the testimony would not be hearsay.

c. Felicia will probably be allowed to testify because, although the testimony is hearsay, justice would be better served by allowing it into evidence.

10. Jake is out riding his bike one day when, all of a sudden, he smashes into Mary, who is walking ahead of him on the sidewalk. Mary files a lawsuit against Jake, claiming Jake intentionally crashed into her. Jake responds to the lawsuit by claiming his actions were accidental. Jake claims the bottom of his bell-bottom jeans got caught in the bike chain, causing him to lose control of the bike. Based on these facts, if one of the parties makes a motion for a judgement on the pleadings, should the judge grant the motion?

a. Yes.

b. No.